Chhota Lallu @ Lilamani vs State Of Chhattisgarh
2021 Latest Caselaw 2337 Chatt

                                                                                  NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 1740 of 2019
    Chhota Lallu @ Lilamani S/o Parmeshwar Kol Aged About 19 Years R/o Village
    Bhagwanpur, P. S. Janakpur, Presentely Residing At Ward No. 02, Armakherwa, P.
    S. Manendragarh, District Koriya Chhattisgarh
                                                                           ---- Appellant
                                      Versus
    State of Chhattisgarh Through Station House Officer Police Station Manendragarh
    District Koriya Chhattisgarh
                                                                       ---- Respondent

15.09.2021 Shri Arun Kumar Shukla, Counsel for the Appellant.

Shri Ashutosh Mishra, PL for the State/Respondent.

Heard on prayer for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment

of conviction and order of sentence dated 05.10.2017 passed by the

learned Second Additional Sessions Judge, Manendragarh, District -

Koriya (Chhattisgarh) in Sessions Trial No. 28/2014.

Learned counsel for the appellant would argue that in the present

case in the evidence of PW-5 - son of the deceased and PW-12 -

wife it is stated that at the spot, a dispute had arisen all of a sudden

and the appellant also sustained injuries on his head and it is on

record that a counter case was filed alleging commission of offence

under Section 307 IPC due to assault given on the appellant. It is

next argued that the deceased died of a single injury on his head

which is said to have been caused by a brick. Therefore, the criminal overt act of the appellant in the alleged commission of offence would

not travel beyond scope of Section 304 part II IPC. As the appellant

has already undergone five years of his jail sentence, therefore, he

may be released on bail.

On the other hand, learned State counsel opposes and submits

that the evidence of the eye-witnesses proves that the appellant and

the absconding co-accused had come together and they started

assaulting the deceased on vital parts of his body and then the

deceased died in the hospital. The evidence also proves that there

was an existing dispute between the property.

Taking into consideration the submission of learned counsel for

the parties and particularly taking into consideration the submission

of learned counsel for the appellant and the manner in which the

incident took place, the role alleged to be played by the appellant

and that he also sustained injury on his head and further that there is

only single injury found on the body of the deceased, which is said to

have been caused by brick, we are inclined to suspend the jail

sentence of the present appellant.

Accordingly, the application is allowed. It is directed that the

substantive jail sentence imposed upon the appellant shall remain

suspended during the pendency of the appeal and he shall be

released on bail furnishing a personal bond of Rs.25,000/- along with

two local sureties of the like amount to the satisfaction of the

concerned trial Court, for his appearance before the concerned trial

Court on 25th October, 2021 and all such further dates as may be directed by the said Court, interval being not less than 6 months, till

final disposal of this appeal.

Post the appeal for final hearing.

Certified copy as per rules.

                         Sd/-                                     Sd/-
             (Manindra Mohan Shrivastava)               (Vimla Singh Kapoor)
                     Judge                                       Judge




Yasmin